A History of Matrimonial Institutions Chiefly in England And the United States
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' "— Jeaffee- SON, Brides and Bridals, I, 53. Cf. On the Danish " hand- fasting " Brand, Popular Antiquities, II, 87, 88 ; Bullingee, Christen State of Matrimonye, 43.
Wife-Purchase Yields to Marriage 277 tial to a valid contract. Originally the father could betroth his daughter even against her will.^ But, just as the guard- ianship of the husband as respects the wife's property grad- ually becomes transformed into a merely formal guardianship or judicial control, ^ so the power of the father ...is first weak- ened by granting the daughter a veto on the choice of a bridegroom; that is, by making her consent necessary to a binding contract ; and then, presently, the relations of guard- ian and ward are entirely transposed: self -betrothal by the daughter constitutes a valid contract, while the father is allowed only a veto power. Naturally it was the widow, in the case of a second marriage, who first succeeded in emancipating herself from tutorial control. Among the Germans in the time of Tacitus it was against popular usage, if not illegal, for a widow to marry again.^ But in the folk-laws she appears on practically the same footing as a girl in this regard;* and placed as she was "between two families, " with the "possibility of recourse to her own kindred" in case her first husband's relatives as possessors of the mund over her refused their assent to a second marriage, she soon succeeded in freeing herself entirely from such restraints.^ Canute forbids the marriage of a maiden against her iSoHM, Eheschliessung, 50; cf.
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To quickly assess the difficulty of the text, read a short excerpt:
' "— Jeaffee- SON, Brides and Bridals, I, 53. Cf. On the Danish " hand- fasting " Brand, Popular Antiquities, II, 87, 88 ; Bullingee, Christen State of Matrimonye, 43.
Wife-Purchase Yields to Marriage 277 tial to a valid contract. Originally the father could betroth his daughter even against her will.^ But, just as the guard- ianship of the husband as respects the wife's property grad- ually becomes transformed into a merely formal guardianship or judicial control, ^ so the power of the father ...is first weak- ened by granting the daughter a veto on the choice of a bridegroom; that is, by making her consent necessary to a binding contract ; and then, presently, the relations of guard- ian and ward are entirely transposed: self -betrothal by the daughter constitutes a valid contract, while the father is allowed only a veto power. Naturally it was the widow, in the case of a second marriage, who first succeeded in emancipating herself from tutorial control. Among the Germans in the time of Tacitus it was against popular usage, if not illegal, for a widow to marry again.^ But in the folk-laws she appears on practically the same footing as a girl in this regard;* and placed as she was "between two families, " with the "possibility of recourse to her own kindred" in case her first husband's relatives as possessors of the mund over her refused their assent to a second marriage, she soon succeeded in freeing herself entirely from such restraints.^ Canute forbids the marriage of a maiden against her iSoHM, Eheschliessung, 50; cf.
What to read after A History of Matrimonial Institutions Chiefly in England And the United States?
You can find similar books in the "Read Also" column, or choose other free books by George Elliott Howard to read onlineMoreLess
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